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Property Law: Conveyancing and Property Valuation, Postgraduate

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  • Objectives
    By the conclusion of the specified learning and development activities, delegates will be able to:

    Distinguish between a basic survey and a full structural survey;

    Determine when a full structural survey is necessary;

    Argue on the cost effectiveness of a structural survey;

    Detail the factors that should be considered when conducting a commercial property valuation;

    Relate the pertinent factors in private property valuation;

    Accurately conduct an on-the spot commercial property valuation, taking pertinent factors into account;

    Conduct a property valuation of a private property, with at least 80% accuracy;

    Incorporate the notion of ‘market value’ in property valuation;

    Uncover likely deceptive issues that influence property valuation;

    Take a scientific approach to property inspection;

    Provide an objective view of the result of a property inspection;

    Take a holistic approach to property marketing;

    Develop a general strategy towards property marketing;

    Devise tactics for marketing specific properties;

    Demonstrate their understanding of how a local Property Registry operates;

    Demonstrate their understanding of function of the National Land Information Service;

    Obtain and evaluate documents from ‘Land Register Online’;

    Demonstrate a knowledge of Conveyancing in at least one other country;

    Demonstrate their knowledge of the property regulation of at least one Borough;

    Compare property registration in the UK with that of at least one other country;

    Demonstrate their understanding of merits and demerits of Freehold properties, on the one hand, and leasehold on the other;

    Develop a strategy to manage the relationship between themselves and the vendor, on the one hand, and themselves and the purchaser, on the other;

    Demonstrate an awareness of International Electronic Conveyancing (E-Conveyancing) Initiatives;

    Produce a Completion Statement for the Buyer;

    Construct a Completion Statement for the Seller;

    Exhibit an appreciation of the need for a professional and caring relationship between the Conveyancer and his or her client, throughout the Conveyancing process;

    Provide a non-technical explanation of pertinent clauses in Deeds and Covenants;

    Draw on cases of Deeds default and their resultant consequences;

    Outline the merits and demerits of Freehold and Leasehold property ownerships;

    Explain the requirements of HIPS, outlining their values and drawbacks;

    Demonstrate a heightened understanding of Property ‘Charges’ and the legal bases of their registration;

    Draft a legally binding Conveyancing contract;

    Explain the entrenched practice regarding ‘fixtures and fittings’ or chattel, in residential property sale;

    Provide relevant guidance to buyers and sellers, on Property Auctions;

    Demonstrate a working knowledge of the function and operation of a National Property Registry;

    Suggest whether the Scottish ‘Blind-Bidding System’ averts the practise of Gazumping.
  • Practical experience
    Video Cases; Simulations; Practical Exercises
  • Entry requirements
    A minimum of an Undergraduate Degree is required for entry. Successful candidate will achieve an aggregate f 70%, on examination.
  • Academic Title
    Property Law: Conveyancing and Property Valuation, Diploma – PG, Quad-Credit, 120 Credit-Hours
  • Course description
    Property Law: Conveyancing and Property Valuation, Postgraduate Short Course, Leading to  Diploma - Postgraduate - in Property Law: Conveyancing and Property Valuation, Quad-Credit, 120 Credit-Hours, accumulating to a Postgraduate Certificate, with 60 additional Credit-Hours, and a Postgraduate Diploma, with 240 additional Credit-Hours.




    Course Contents include:






    # Conveyancing






    #PropertyLaw






    #PropertyValuation






    #TitleDeeds






    #TitlePlan






    #LeaseholdProperty






    #GroundRent






    #LandRegistry






    #MineralRights






    #FreeholdProperty






    #TitleRegister






    #TitleAbstract






    #TitleRegister






    #TitleNumber






    #PropertyOwnership






    #Easement






    #RightofWay






    #MapSearch






    #DesktopValuation






    #CurbsideValuation






    #StructuralSurvey






    #PlanningRules






    #ChargesRegister






    #PositiveCovenants






    #RestrictiveCovenants






    #LegalCharges






    #EquitableCharges






    #Rentcharges






    #AbsoluteTitle






    #QualifiedTitle






    #PossessoryTitle






    #PropertyTenure






    #VendorIdentification






    #SaleContract






    #LabourerLien






    #RightofWay






    #RightofLight






    #RightofSupport






    #DominantEasements






    #FishingRight






    #ShootingRight






    #OpenEvening






    #PropertyAuction






    Other Content Elements incorporate:






     






    Part 1 - Contextual Issues in Property Conveyancing: Surface Rights, Mineral Rights and Fee Interest






     






     






    Exploring the Context of Conveyancing;






    The Conveyancing Process as a Legal Transfer of Ownership;






    Title Register,






    Title Abstract






    Title Deed;






    Title Searcher;






    Title Abstractors;






    Surface Rights;






    Mineral Rights;






    Fee Interests;






    Copyhold Land






    UK Mineral Rights Ownership;






    Crown Ownership of Minerals,






    Manorial Rights;






    Church Commissioners and the Crown;






    Mines Royal;






    UK’s Coal, Petroleum, Silver and Gold;






    Crown Estate Mineral Agent.






     






    Part 2: Living Accommodation: Their Types, Tenure and Ownership






     






    Types of Living Accommodation






    Flats;






    Apartments;






    Condominium;






    Maisonettes;






    Terraced House;






    Semi-detached House;






    Detached House;






    Bungalow House.






    Difference Between an Apartment, Flat and Condominium (Condo)






    Flats, Apartments and Maisonettes






    Flat;






    Apartment






    Maisonette






    Leasehold and Freehold Properties: A Generalised Distinction






    Leasehold Properties: Restrictions and Charges






    Service Charges;






    Ground Rent;






    Building Insurance;






    Reserve or Sinking Funds.






    Types of Freehold Properties






    Terraced House;






    Semi-detached House;






    Detached House;






    Bungalow House.






    Types of Leasehold Properties






    Flat or Apartment;






    Marionette;






    Terraced House;






    Semi-detached House;






    Detached House;






    Bungalow House.






    Leasehold Properties: Their Creation and Implications






    Lifespan of Leasehold and Freehold Properties






    The Commonhold and Leasehold Reform Act 2002






    Managing Joint Leasehold Properties;






    Managing Without Fault-Finding;






    Disadvantages of Freehold and Leasehold






     






    Part 3: The UK Land Registry






     






    The Role of Her Majesty’s (HM) Land Registry






    Advice, Support and Consultancy






    Study Visits






    Training






    Business Partnerships






    Membership of International Land Bodies






     






    Part 4: Land Registry’s Online Search Facility and Cost






     






    The Title Register;






    Title Summary of Freehold and Leasehold Properties;






    Title Plan;






    Flood-Risk Indicator;






    Map Search.






    Flood-Risk Indicator;






    The Title Register:






    The Title Number;






    The name of the Property Owner;






    The Recorded Purchase Price of the property. In some cases, this information is unavailable;






    Any Rights of Way;






    Whether there is a current mortgage on it or one that has been discharged.






    Title Summary of Freehold and Leasehold Properties






    The Title Number;






    Owner’s Name;






    Purchase Price;






    Property Tenure: Leasehold or Freehold;






    The Name of the Mortgagee, if any;






    Title Plan






    Flood-Risk Indicator






    MapSearch Facility






    Land Registry Fees






    Title Plan






    The Property’s Location






    Its Main Boundaries;






    Communal Areas or Shared Facilities;






    Right of Ways.






    MapSearch Facility






    Alleyways;






    Building Plots and Infill Sites;






    Dilapidated or Vacant Buildings;






    Fields;






    Grass Verges;






    Historic Buildings, e.g. Castles and Churches;






    Lakes, Streams and Other Waterways;






    Lanes;






    Old Buildings That No Longer Have A Postcode;






    Private Roads;






    Ruins;






    Village Greens;






    Walkways;






    Waste Sites;






    Woodlands and Moorland;






    Whether land and property in England and Wales is registered;






    The location of registered land and property;






    The title numbers;






    Details of freehold or leasehold tenure; and






    Other registered interests.






    Land Registry Fees







     






     






    Part 5: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and Investors (1)






     






    The Political, Economic, Social, Technological, Ecological and Legal (PESTEL) Factors: Their Effect of Property Valuation






     






    Political Context:






    Bilateral Trade Agreements;






    Multilateral Agreements;






    Employment Tribunal Rulings;






    Wage Regulations;






    Equality and anti-discriminatory Act;






    Disability Rights Act;






    Equal Opportunity Act;






    Sex Discrimination Act;






    Sex Discrimination or Related Act;






    Gender Reassignment or Similar Act;






    Other Employment Related Acts.






     






    Economic Context:






    Economic Exposure;






    Transaction Exposure;






    Translation Exposure;






    Rulings by Regulatory Authorities;






    Investment Boards;






    Competition Commission;






    Trading Regulation;






    Foreign Exchange;






    Interest Rates;






    Availability of Funding.






     






    Social Context:






    General Social Context;






    Urban-Suburban Preference;






    Social Mobility;






    Geographic Mobility;






    Skills Levels;






    Demographic Factors;






    Age Range of Population;






    Gender Mix of Population;






    Ethnic Mix;






    Vogue;






    Behavioural Patterns;






    Changing Expectations;






    FADS; and






    Social/Ecological Sensitivity.






     






    Part 6: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and Investors (2)






     






     






    Technological Context:






    E-Commerce its impact on Client/ Customer Relationship Management (CRM);






    Development and use of technology;






    Affordability of technology;






    Web-based recruitment;






    E-Selection;






    Web-based selection;






    Video-conferencing;






    Web-conferencing.






     






     






    Ecological Context:






    Biodiversity of Ecosystems and their Protection,






    Client/ Customer Concern for Relevant Ecological Issues;






    Climatic Shifts impeding normal operation;






    Degradation, Deforestation and Depletion of Fisheries and other Natural Resources,






    Demand for Corporate Social Investment;






    Ecological Legislation;






    Ecosystem Services used In Business Processes;






    Emission Standards and Requirements;






    Environmental Sustainability Concerns;






    Flooding, Storms, and Other Natural Disasters Caused by Natural and Human Influences on Ecosystems;






    Government Policy towards Environmental Issues;






    Local Waste Regulation;






    Material scarcity, resultant to Ecological Issues;






    Mineral (Oil, Gas, Gold, etc.) Deposits;






    Natural Environmental Constraints;






    Quantity of Renewable Resources;






    Recycling regulation;






    Strategy Implementation vs Ethical Concerns;






    Water and Air Pollution and their effect on a company’s operation;






    Water Quality needed for normal operation.






     






    Legal Context:






    Competition Rules;






    Integration Rules;






    Employment Law;






    Indigenisation Rules;






    Trading Rules;






    Import and Export Laws;






    Bilateral Trade Agreements;






    Multilateral Agreements






    Employment Tribunal Rulings






    Wage Regulations;






    Equality and Anti-Discriminatory Acts – e.g.






    Disability Rights Act






    Equal opportunity Act






    Sex Discrimination Act






    Sex Discrimination Reassignment;






    Other Employment Related Acts.






     






    Part 7: Professionalising Property Valuation






     






    Property Value Over Time






    Executing The Valuation Process






    Market Appraisal;






    Formal Valuation






    Desktop Valuation;






    Curbside Valuation; and






    Full Formal Valuation.






    Conducting a Full Formal Property Valuation






    Aesthetic Appeal;






    Cosmetic View;






    Decor;






    Disrepair Issues;






    Energy Efficiency;






    Energy Supply;






    Fixtures and Fittings;






    Its age






    Its location;






    Number of Rooms;






    Out-buildings;






    Room Layout;






    Overall Size;






    Room Sizes;






    Storage Space;






    Structural Defects;






    Structural Improvements;






    The period since it was last sold;






    The price at which it was last sold or purchased;






    The price of similar properties in the locality.






    Local Factors Affecting Prices of Specific Properties






    Its degree of affordability






    Its location:






    Global Region;






    Country;






    County or Province;






    City or State;






    Its Developmental Potential, in relation to:






    Planning Rules;






    Current Planning Permission;






    Available Space;






    Heritage or national and International Listing Status;






    Covenants.






     






    Property Location and Valuation;






    Developmental Potential and Property Valuation;






    Planning Permission and Property Valuation






    Property Valuation and Equity;






    Political Factors and Property Valuation






    Economic Factors and Property Valuation






     






     






    Part 8: Property Surveys: Their Types and Importance






     






    Why Surveys?






    Types of Survey and Their Imperative;






    Basic Valuation Survey;






    Home Buyer’s Valuation and Survey Report;






    Full Structural Survey;






    In-Complex and Attached Property Survey;






    The Former Home Information Packs (HIPs);






    Energy Performance Certificates.






     






     






    Property Law: Conveyancing and Property Valuation






    Module 2






    Property Conveyancing In Essence: Property Titles, Rentcharges, Ground Rent, E-Conveyancing, Property Classification and Sale






     






    Course Contents, Concepts and Issues






     






    Part 9: Title Registers: The Property Register, Proprietorship, and Charges Register






     






    Title Register:






    Edition Date






    When the property is sold;






    When a mortgage (legal charge) is registered on It;






    When a mortgage is redeemed;






    When an equitable charge is placed on it;






    When an equitable charge is removed; or






    When a restriction or notice is added.






    Date and Time of Official Copy






    Land Registry Office Which Deals with The Title






    The Property Register






    Right of Way Over Adjoining Land






    A Right of Light Easement






    Right of Access Easement






    Right of Support Easement






    Proprietorship Register






    The Charges Register:






    Positive Covenants






    Restrictive Covenants






    Legal Charges






    Equitable Charges






     






    Part 10: Rentcharges, Ground Rent and Park Rent in England and Wales






     






    Rentcharges or Chief Rents;






    Rent owners;






    The Inception of Rentcharges;






    Rentcharges and the Charge Register;






    Provisions of the Rentcharges Act 1977;






    Problems with Rentcharges;






    Individual and Several Liability for Rentcharges;






    Informal Apportioning of Rentcharges;






    Application for Apportionment of a Rentcharge;






    Order of Apportionment of a Rentcharge;






    Redemption of Rentcharges;






    Redemption of Rentcharges for Freehold but not Leasehold Properties;






    Application for the Redemption of Rentcharges;






    Towards the End of Recharges? The Rentcharges Act 1977;






    Extinguishment Pre-existing Rentcharges;






    Prohibition of the Creation of New Rentcharges;






    Exemption to the Provisions of the Rentcharges Act 1977;






    Ground Rent for Leasehold Properties;






    Peppercorn Rent as Ground Rent;






    Ground Rent Notice;






    Statute of Limitation Relevant to Ground Rent;






    Ground Rent Default: Forfeiture Action;






    Apportionment of Ground Rent;






    Application for Apportionment of Ground a Rent;






    Park Rent for Mobile or Park Homes;






    Park Rent for Trailer Homes;






    Protection Afforded by the (UK) Mobile Homes Act 2013.






     






    Part 11: Title Classifications and Their Implications






     






    Classes of Title






    Absolute Title;






    Qualified Title,






    Possessory Title; and






    Good Leasehold Title.






    Implications of Absolute Title






    Implications of Qualified Title






    Significance of Possessory Title






    Importance of Land Registration Act 2002






    The Concept of Squatters’ Right;






    Abolition of ‘trust’ by the Land Registration Act 2002;






    Registering Possessory Title to Registered Property






    Registering Possessory Title to Unregistered Property






    Objection to Possessory Title Application;






    Contesting Possessory Title Application;






    The Place of Good Leasehold Title







     






     






    Part 12: Property Conveyancing In Essence (1)






     






    Conveyancing as A ‘Process’






    Pre-contract Stage;






    Sale Contract Stage;






    Post-Contract or Pre-Closing Stage;






    Closing or Completion Stage;






    Post-Closing or Post-Completion Stage.






     






    Conveyancing for the Vendor






    Pre-Contract Stage (Vendor)






    Formalizing Instruction or Authorisation, From the Vendor, For the Sale of The Property;






    Agreeing Conveyancing Cost, Taking Deposit, Where Appropriate;






    Formally Identifying the Vendor






    Investigating the Property: Ownership, Right of Sale, etc.






    Contacting any legitimate ‘Interests’ in the Property.






    Obtaining A Copy of The Property Title and Deed;






    Determining the Property’s Sale Price;






    Agreeing on The Items Included in The Price of The Property, or As Options (At Additional Costs).






    Investigating the Potential Purchaser.






    The Purchaser’s Identity






    The Purchaser’s Finance






    Deposit in Hand;






    Equity from Sale or Anticipated Sale of Own Property;






    Loan or Mortgage Amount;






    Status of Mortgage Application;






    Name of Lending Institution;






    Lending Institution’s Branch Address;






    Bridging Loan, if Any;






    Supportive Evidence.






    Addressing Enquiries Raised by The Purchaser’s Conveyancer.






    Establishing a Completion Date.






    Sale Contract Stage (Vendor)






    Post-Contract or Pre-Closing Stage (Vendor)






    Closing or Completion Stage (Vendor)






    Post-Closing or Post-Completion (Vendor)






    Completion Statement






    Property Sale Price






    Cost of Chattels






    Mortgage Redemption Payment to Bank/ Building Society






    Bank Charge






    Estate Agents\' Commission






    Land Registry - Deeds






    Conveyancer\'s Fee






    VAT on Conveyancer\'s Fee (@20%






    Amount Owing to Vendor, on Completion






     






    Part 13: Property Conveyancing In Essence (2)






     






    Conveyancing for the Purchaser






    Pre-contract Stage;






    Sale Contract Stage;






    Post-Contract or Pre-Closing Stage;






    Closing or Completion Stage;






    Post-Closing or Post-Completion Stage.






     






    Pre-Contract Stage (Purchaser)






    Formalizing Instruction or Authorisation, From the Purchaser, For the Purchase of The Property;






    Formally Identifying the Purchaser;






    Drafting Conveyancing Contract - Taking Deposit, Where Appropriate;






    Investigating the Property: Ownership and Title;






    Verifying Property Tenure;






    Preparing Pre- Contract Property Questionnaire for The Vendor






    Recommending and Commissioning Property Survey;






    Providing Guidance to Multiple Purchasers on Ownership Type;






    Conducting Local and National Searches;






    Guiding the Purchaser Through Property Inventory;






    Establishing a Completion Date.






    Reviewing Draft Sale Contract (Purchaser)






    Formalizing Instruction or Authorisation, From the Purchaser, For the Purchase of The Property






    Formally Identifying the Purchaser






    Drafting Conveyancing Contract - Taking Deposit, Where Appropriate






    Investigating the Property: Ownership and Title






     






     






    Part 14: Property Conveyancing In Essence (3)






     






    Investigating the Property Title.






    Absolute Title;






    Qualified Title,






    Possessory Title; and






    Good Leasehold Title.






    The Header;






    The Property Register;






    The Proprietorship Register; and






    The Charges Register.






    A mechanic\'s lien.






    A lender\'s mortgage lien.






    A lien for unpaid property taxes or common charges.






    Construction lien.






    Materialman\'s lien.






    Supplier\'s lien.






    Labourer’s lien.






    Verifying Property Tenure






    Preparing Pre- Contract Property Questionnaire for The Vendor






    Before arriving at the contract stage, it is necessary for the purchaser to have a full picture of his or her potential






    Property Boundaries and Fences






    Owner of Boundary to the front;






    Owner of Boundary to the left;






    Owner of Boundary to the right;






    Owner of Boundary to the rear;






    Known Boundary changes;






    Boundary removal, through sale or otherwise.






    Driveways or Walkways to The Property






    Existence of Driveway;






    Individual Ownership;






    Shared Ownership.






    Available Services






    Drainage;






    Water;






    Electricity;






    Telephone;






    Mains Gas.






    Servient Easements






    Right of Way;






    Right of Light;






    Footpath Services;






    Right of Support;






    Car Parking.






    Dominant Easements






    Right of Way;






    Right of Light;






    Footpath Services;






    Right of Support;






    Car Parking.






     






     






    Part 15: Property Conveyancing In Essence (4)






     






    Servient Profits a Prendre






    Fishing Right;






    Shooting Right;






    Turf Right.






    Dominant Profits a Prendre






    Fishing Right;






    Shooting Right;






    Turf Right.






    Amount of Property Outgoings






    Annual Ground Rent;






    Annual Community Charge;






    Rating Band;






    Annual Water Rates;






    Annual Service Charge;






    Annual Insurance Cost.






    Property-Related Legal Notices






    Served on Property Owner;






    Served by Property Owner;






    Previous or current Individual Voluntary Arrangements (IVA);






    County Court Judgment for Property.






    Property Liability or Interests






    Any outstanding Mortgage;






    Other Charges on Title;






    Current Litigation;






    Previous Litigation;






    Pending Litigation;






    Repayable Grants.






    Vacant Possession






    Sitting Tenants;






    Post 16 Family Members Residing in Property.






    Utilities and Certificates






    Energy Performance Certificates;






    Energy Rating;






    Electricity meter Type;






    Gas Meter Type.






    Home Insurance






    Type of Policy;






    Contents Cover;






    Name of Insurer;






    Expiration of Policy.






    Recommending and Commissioning Property Survey






    Providing Guidance to Multiple Purchasers on Ownership Type






    Conducting Local and National Searches






    On-Property Problems;






    Local and National Plans for Development;






    Local Planning Rules






    Flood Risk






    On-Property Problems






    Mining shafts;






    water wells;






    Sinkholes;






    Risk of subsidence.






    Local and National Plans for Development






    Flood Risk






    Guiding the Purchaser Through Property Inventory






    Establishing a Completion Date.






    Reviewing Draft Sale Contract (Purchaser)






    Contract Stage (Purchaser)






    Post-Contract or Pre-Closing Stage (Purchaser)






    Transfer Deed (Form TR1) from the vendor’s Conveyancer;






    Stamp Duty Land Tax Certificate






    Form AP1 or form FR1






    Certificate of identity (for unregistered conveyancers)






    Closing or Completion Stage (Purchaser)






    Post-Closing or Post-Completion (Purchaser)






    Completion Statement for The Purchaser






     






    Part 16: UK Property Marketing and Sale






     






    Estate Agents Property Marketing, Sale and Legal Obligation;






    The ‘Estate Agent – Vendor – Purchaser’ Relationship;






    Personal Property Marketing and Sale;






    Timescale From An Offer To Closure;






    The Former Home Information Packs (HIPs) and Current Energy Performance Certificates (EPCs);






    Conventional Property Sale;






    The Scottish Bidding Process;






    Open Evening;






    Public Property Auctions;






    Vacant Property Sale;






    Gazumping;






    Gazundering;






    Flipping homes






     






     






    Part 17: UK Commercial Properties: Their Taxes, Classifications Implications for Business Operators






     






    UK Business Rates;






    Capital Gains Tax;






    Class A1. Shops;






    Class A2. Financial and Professional Services;






    Class A3. Food and Drink;






    Class B1. Business;






    Class B2. General Industrial;






    Class B3. Special Industrial Group A;






    Class B4. Special Industrial Group B;






    Class B5. Special Industrial Group C;






    Class B6. Special Industrial Group D;






    Class B7. Special Industrial Group E;






    Class B8. Storage or Distribution;






    Class C1. Hotels and Hostels;






    Class C2. Residential Institutions;






    Class C3. Dwelling-houses;






    Class D1. Non-Residential Institutions;






    Class D2. Assembly and Leisure.






     






     






    Part 18: International Electronic Conveyancing (E-Conveyancing)






     






    The Birth of International Electronic Conveyancing;






    E-Conveyancing in England and Wales;






    Provisions of the Land Registration Act 2002;






    Registration of:






    An Estate in Land;






    A Rentcharge;






    A Franchise;






    A Profit a Prendre In Gross;






    Other Interests in Title.






    UK’s Electronic Document Registration Service (EDRS);






    Land Registry eDocument Registration Service Introduction;






    Guidance on Getting Identification Verified for Land Registry using form ID1;






    How to Avoid Land Registry Requisition Errors in Lodging Applications Electronically;






    InfoTrack;






    Updating the Land Registration Act 2002;






    Digital Registers;






    Introducing GOV.UK Verify;






    E-Conveyancing in Canada;






    Ontario Electronic Land R

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